Limitation on Exclusivity. The anticipate that, by December 31,2000, Inrange Products shall have attained at least * market share (the "Minimum Market Share"). Thereafter, the Minimum Market Share for each year this Agreement is in effect will be mutually agreed to by the parties by December 31 of the prior year (i.e., the Minimum Market Share for 2001 will be agreed to by December 31, 2000). If the parties fail to agree whether the actual market share attained by Inrange Products for a particular year meets the Minimum Market Share for such year, then each party will select one (1) independent nationally recognized market analyst within forty-five (45) days of the end of such year to determine and certify whether the applicable Minimum Market Share was met during the prior year. If the two analysts do not agree, then they shall appoint a third analyst, and the conclusion of two of the three analysts shall control. If two of the analysts determine that the Minimum Market Share was not met in a particular year, they shall also be required to deliver, by the end of the first quarter of the next calendar year, a written report setting forth in detail the reasons for the failure and make recommendations so Inrange may attain the Minimum Market Share by the end of the second fiscal quarter following delivery of such report. Inrange shall adopt a specific, mutually agreeable plan based on the analysts' recommendations so as to achieve the Minimum Market Share in the next year. The costs of the analysts shall be borne equally by the parties. If Inrange does not meet the Minimum Market Share by the end of the second fiscal quarter following delivery of the report in any particular calendar year, then Ancor may, at its option terminate the covenant set forth in Section 2.2. Notwithstanding the foregoing, Ancor may not exercise this option referred to in the preceding sentence if the analysts conclude that the failure of Inrange to meet the Minimum Market Share in a particular calendar year is principally due to any factor within the reasonable control of Ancor, including, without limitation, problems with ASICs' supplier(s) or defects in ASIC and Board designs.
Limitation on Exclusivity. For purposes of clarity, notwithstanding anything to the contrary in Section 3.1(a), 3.1(b) or 10.1, Alnylam has previously and retains the right after the Effective Date to grant non-exclusive licenses to Third Parties to Develop, Manufacture and Commercialize RNAi Products for the Territory under Alnylam Technology other than under the Alnylam Sequence Specific Patent Rights or Alnylam Sequence Specific Know-How; provided, that, neither Alnylam nor any of its Affiliates (i) will license or will disclose Licensed Product-specific xxxx, xxxxxxxx information or other Licensed Product-specific Know-How to any Third Party other than to a Related Party for purposes of enabling Alnylam to fulfill its obligations under this Agreement or with respect to the Development and Commercialization of Licensed Products in Asia, (ii) has or will allow any Third Party to rely on Licensed Product-specific regulatory filings or pre-clinical or clinical work, or, except as specified in a Development Plan for purposes of the Collaboration, collaborate with any Third Party other than a Related Party regarding Licensed Products in any manner, including in any manner that conflicts with Section 3.1(a), 3.1(b) or 10.1, or (iii) will, after the Effective Date, grant a right or license to any Third Party under any Patent Rights or Know-How that would allow such Third Party to Develop, Manufacture and Commercialize Licensed Products other than pursuant to options or other rights existing on the Effective Date under the agreements listed in Exhibit D.
Limitation on Exclusivity. Vendor reserves the right to convert the exclusive right granted to Distributor under Section 2.1 into a non-exclusive right in accordance with the terms of this Section 2.5 (or to terminate this Agreement as set forth in Section 14) in the event that the Distributor, together with its sub-distributors, fails to meet the annual Gross Revenue goals in the Territory as follows (each, a "Revenue Goal"): Contract Year 1 (commencing with the Effective Date and ending on the day before the first anniversary of the Effective Date): US $1 million Gross Revenues received by Vendor. Contract Year 2 (commencing with the first anniversary of the Effective Date and ending on the day before the second anniversary of the Effective Date): US $2 million Gross Revenues received by Vendor. Contract Year 3 (commencing with the second anniversary of the Effective Date and ending on the day before the third anniversary of the Effective Date): US$3 million Gross Revenues received by Vendor. Contract Year 4 (commencing with the third anniversary of the Effective Date and ending on the day before the fourth anniversary of the Effective Date): US$5 million Gross Revenues received by Vendor. Contract Year 5 (commencing with the fourth anniversary of the Effective Date and ending on the day before the fifth anniversary of the Effective Date): US$5 million Gross Revenues received by Vendor. For the purposes of determining whether the Revenue Goal for that Contract Year has been met, the Gross Revenues actually received by Vendor from Distributor shall determine compliance. In the event that Vendor converts the exclusive right granted to Distributor under Section 2.1 into a non-exclusive right in accordance with this Section 2.5, then any exclusive sub-distributorship granted by Distributor or its sub-distributors in such Territory will be automatically converted to non-exclusive sub-distributorship. By mutual consent of the Vendor and Distributor, the Effective Date that is referenced herein may be extended to a new date that approximately corresponds with the completion of the localization of Product to the Japanese market. Since the intent is to measure Japanese sales performance, it is reasonable to set the start of the Effective Date to when Japanese sales can actually begin. In the event that localization has not been completed by the Effective Date mentioned herein, both parties agree to revise the Effective Date to one that is appropriate.
Limitation on Exclusivity. Notwithstanding Section 2(a) above, N2K ------------------------- may purchase up to twenty percent (20%) of its music products (based on the price paid for such purchases) during any quarter from third parties. Prior to purchasing music products from a third party under this Section 3(b), N2K first will inform Sound Delivery of its intent to purchase any particular SKUs from a third party and the price to be paid for each SKU and related fulfillment services. In the event that Sound Delivery offers to sell such products to N2K at the same or lesser price than that offered by the third party, N2K shall purchase such products from Sound Delivery pursuant to the terms and conditions (other than price) of this Agreement.
Limitation on Exclusivity. Licensee acknowledges and agrees that: (i) the exclusivity of its rights set out in Section 2.1.1 (Limited Exclusive Grant of Rights in Platform) is limited to the use of the Platform in connection with the operation of a digital currency loan business and such other businesses and services as might be offered from time to time by a “full service” online financial services company such as Coinbase Global, Inc. and shall not be interpreted as limiting or otherwise preventing Licensor from maintaining the Platform and using or granting others the right to use portions of the software for applications not competitive with the businesses conducted or to be conducted on the Platform by Licensee or its affiliates from time to time; (ii) Licensor may continually update and modify the Platform with Licensor Improvements, including Licensor Improvements that have direct applications, and nothing herein shall be interpreted as preventing, or otherwise limiting, Licensor’s right to continue to make Licensor Improvements; and (iii) the exclusivity of its rights set out in Section 2.1.1 (Limited Exclusive Grant of Rights in Platform) shall terminate if the Agreement is terminated for cause pursuant to Section 15.2 (Termination for Cause). For the avoidance of doubt, the limitation on the use of the Platform to compete with Licensee applies to such activities as may be conducted by Licensor.
Limitation on Exclusivity. Licensee acknowledges and agrees that: (i) the exclusivity of its rights set out in Section 2.1.1 (Limited Exclusive Grant of Rights in Platform) is limited to the use of the Platform within the Field of Use and shall not be interpreted as limiting or otherwise preventing Licensor from exploiting the Platform outside of the limited Field of Use; (ii) Licensor continually updates and modifies the Platform with Licensor Improvements, including Licensor Improvements that have direct applications within the Field of Use, and nothing herein shall be interpreted as preventing, or otherwise limiting, Licensor’s right to continue to make Licensor Improvements (including those that have direct application within the Field of Use); and (iii) the exclusivity of its rights set out in Section 2.1.1 (Limited Exclusive Grant of Rights in Platform) shall terminate if the Agreement is terminated for cause pursuant to Section 15.2 (Termination for Cause). Licensor acknowledges and agrees that it shall not license, sell or transfer its rights in the Platform to any third parties within the Field of Use during the Term.
